Supreme Court of Appeals of West Virginia
Motion
Docket
Tuesday, November 15, 2005
1. Harold Petry, II v. F. Douglas Stump, Comm’r WV Dept. of Motor Vehicles - 051134 - Petitioner appeals from the circuit courts order denying his petition for writ of prohibition and mandamus and application for stay. Petitioner sought to prohibit respondent from holding a second hearing on the revocation of petitioner's driver's license following his arrest for DUI. - Grant 3 - 2, Davis & Maynard.
2. In Re: The Adoption of Tyler H. (Jerry Hainy) - 051030 - Petitioner appeals the circuit court's order denying a motion for relief under Rule 60(b). Petitioner seeks to adopt a child who resided with him for several years while petitioner and the child's biological mother lived together. - Refuse 5 - 0.
3. Mark Ash v. City of St. Albans, et al - 051158 - Plaintiff appeals from the circuit court's order entering summary judgment in favor of defendants in his action for sexual harassment. - Refuse 3 - 2, Albright & Starcher.
4. Jerry Lee Hess, Jr. v. Howard Painter, Warden - 051040 - Petitioner appeals the denial of his omnibus petition for a writ of habeas corpus. He was previously convicted of first degree murder without a recommendation of mercy. - Refuse 3 - 2, Albright & Starcher.
5. State of W. Va. v. Mathew Bolen - 051364 - Petitioner seeks reversal of his conviction and sentence for first degree sexual assault. Petitioner requests a new trial on the matters at issue or a granting of the petitioner's Motion for Judgment of Acquittal. - Grant 5 - 0.
6. Jewell Lynn Cook v. Channel One, Inc., Carole Leasing Corp. & John Doe - 051315 - Plaintiff appeals an adverse summary judgment order in a personal injury action. - Grant 5 - 0.
7. Arnold G. Bossie, et al. v. Interstate Properties, Inc. & Covington Place Associates - 051255 - Certain plaintiffs appeal from the circuit court's order denying their motion to set aside judgment order and grant a new trial in this action for damages arising out of two flooding incidents which occurred on Little Sandy Creek. - Refuse 5 - 0.
8. Arnold G. Bossie, et al. v. Interstate Properties, Inc. & Covington Place Associates - 051256 - Defendants appeal from those portions of a jury verdict adverse to defendants in this action for damages arising from two flooding incidents. - Refuse 5 - 0.
9. Wasau Insurance Companies v. Greenbrier Solid Waste, Inc., et al. & James King, et al. - 051526 - Plaintiff insurer appeals an adverse order on coverage issues. - Grant 5 - 0.
10. John L. Compton v. St. Mary’s Medical Center, Inc. & Charleston Area Medical Center, Inc. - 051473 - Plaintiff John L. Compton appeals the circuit court's order which dismissed claims against Defendant CAMC with prejudice and which denied a motion to amend the complaint to add nine additional defendants. - Refuse 3 - 1, Starcher, Benjamin not participating.
11.
Workers’ Compensation Commission v. Stephanie Harshbarger & Aero Fab, Inc. - 051967 -
The Workers' Compensation Board of Review, via the Workers' Compensation Commission, certifies the following question to the
Court:
Whether the Workers' Compensation Policy, set out in Policy Statement 2.02, effective March 10, 2004 . . . is a proper interpretation and application of the Workers' Compensation statutes, particularly West Virginia Code §23-4-6
(2003) read in pari materia with West Virginia Code §23-4-10(b) (2003), with respect to the amount of death benefits payable to dependents?
- Refuse 4 - 1, Maynard.
12. SER Lola Crist v. Gregory Burton, Comm’r, WCC - 051511 -
Workers' compensation claimant seeks to compel reinstatement of widow's benefits.
SER Kathy Sweet & Diana Dickerson Gregory Burton, Comm’r, WCC - 051573 -
Workers' compensation claimant seeks a writ of mandamus to compel reinstatement of widow's benefits.
SER Georgette Carte v. Gregory Burton, Comm’r, WCC - 051668 -
Workers' compensation claimant seeks writ of mandamus relating to termination of widow/dependants
benefits. - Deferred.
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